What can I do if my boyfriend will not leave my apartment?

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What can I do if my boyfriend will not leave my apartment?

I am living in an apartment. My boyfriend moved in but will not now leave after being asked to. He pays no rent and drives my car and uses my cell phone. I recently found drugs in my car that belong to him.

Asked on August 8, 2018 under Real Estate Law, Montana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A "friend" occupying your home may be considered a tenant regardless of whether a lease was signed or rent was paid. In most jurisdictions the law provides that if they paid for things like utilities or food, the payment of these expenses is considered “rent”. Accordingly, they will be treated as a “tenant”. Therefore, in order to remove them from the premises a formal eviction proceeding (i.e. “unlawful detainer action”) will need to be filed as in any other landlord-tenant relationship. If no form of rent has been paid, many states permit the owner/lawful occupant to simply ask the friend to leave and remove their belongings without any legal proceedings if they have lived there for aonly a short period of time (typically less than 30 days). If they refuse to move, then an action in "ejectment" can be filed which is like a faster form of eviction. However, , someone who enters a home and stays for a longer period of time with the owner's permission, may be classified as a “licensee”. This status grants the friend more rights than a general “guest.” To revoke the permission to remain on the property, a formal eviction will be needed.Before a case can be filed, however, the occupant must first be served a “notice to quit” (i.e. notice to vacate) the premises. Additionally, each state has its own rules regarding this process. If the occupant fails to leave by the date requested, an action for eviction can be filed. The court will issue an order of eviction and a writ of possession. It will usually set a date to vacate. If the occupant still refuses to move out, then the authorities can then be called. They will remove the occupant using physical force if necessary.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A "friend" occupying your home may be considered a tenant regardless of whether a lease was signed or rent was paid. In most jurisdictions the law provides that if they paid for things like utilities or food, the payment of these expenses is considered “rent”. Accordingly, they will be treated as a “tenant”. Therefore, in order to remove them from the premises a formal eviction proceeding (i.e. “unlawful detainer action”) will need to be filed as in any other landlord-tenant relationship. If no form of rent has been paid, many states permit the owner/lawful occupant to simply ask the friend to leave and remove their belongings without any legal proceedings if they have lived there for aonly a short period of time (typically less than 30 days). If they refuse to move, then an action in "ejectment" can be filed which is like a faster form of eviction. However, , someone who enters a home and stays for a longer period of time with the owner's permission, may be classified as a “licensee”. This status grants the friend more rights than a general “guest.” To revoke the permission to remain on the property, a formal eviction will be needed.Before a case can be filed, however, the occupant must first be served a “notice to quit” (i.e. notice to vacate) the premises. Additionally, each state has its own rules regarding this process. If the occupant fails to leave by the date requested, an action for eviction can be filed. The court will issue an order of eviction and a writ of possession. It will usually set a date to vacate. If the occupant still refuses to move out, then the authorities can then be called. They will remove the occupant using physical force if necessary.


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